Data Protection is often a complex area and as such organisations can easily find themselves being non-compliant with the legislation / falling foul of the regulator. It is important to seek the necessary legal advice so you can be sure you are managing and holding data in a way that does not breach your organisations legal requirements.
Many organisations are unwittingly breaching Data Protection principles. The Act ensures that data is:
- Used fairly and in accordance with the law
- That it is employed for limited and specifically stated purposes
- It is used in an adequate and relevant manner and its use is not excessive
- That its use is accurate
- That it is kept for no longer than is absolutely necessary
- That any data handled is used according to people's data protection rights
- That it is kept safe and secure
- That if data is transferred outside the UK, that that transfer is done with adequate protection in place
Consequences of breaching data protection
Breaches are enforced by the Information Commissioners Office. They have a range of enforcement powers including monetary penalties, the imposition of Decision Notices, use of undertakings and Enforcement Notices and, in the most serious cases, prosecution.
We can advise as to mandatory requirements such as encryption of personal information held electronically, the use of firewalls and virus checking, how to dispose of old computer equipment and what to do when, despite precautions, your security is breached.
Need Data Protection Act Guidance?
If you wish to speak to an expert solicitor about your responsibilities regarding the Data Protection Act, or have concerns over the improper use of data, speak to our expert team of business law solicitors today. Call our Leeds, Sheffield or Yorkshire branch today, or use our contact details below.
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